1988 (12) TMI 48

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....KAL CHAND MITAL J. -Varinder Kumar, the assessee, in his capacity as karta of a Hindu undivided family (HUF), was a partner of Nagesh Engineering Works. On April 1, 1971, a deed of partnership of the Hindu undivided family was executed whereby the members of the Hindu undivided family were to share the profits received from the aforesaid firm and overriding title was created in favour of the wife ....

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....e following questions for the opinion of this court : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal is right in relying upon the partial partition agreement dated April 1, 1971, which, according to the Appellate Assistant Commissioner, is invalid and holding that by virtue of the agreement dated April 1, 1971, an overriding title in favour of the wife and minor ....

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....ecision in Income-tax References Nos. 80 and 81 of 1980 (ITO v. Narinder Kumar [1989] 177 ITR 515 (P & H), decided on November 28, 1988). Learned counsel for the Revenue urged that the aforesaid decision will not apply to the facts of the present case because there is no order of the Income-tax Officer granting partial partition of the Hindu undivided family whereas, in the aforesaid decided case,....